Small Claims Court and Carphone Warehouse

icelander_2

I bought a Nexus 7 tablet from Carphone Warehouse in Dec 12 for £175.00. In Feb 14 it stopped charging and is no longer useable. CW agree it can't be charged. They also tried to charge it and failed. They are denying any responsibility as it is out of their and the manufacturer's (Asus) warranty. I have had correspondence with their Head Office who have issued a letter of final resolution stating that as far as they are concerned the item was sold to me in proper working order (which it was) and that they will not refund or replace as out of warranty. I believe that the item should be expected to reasonably last longer than 14 months and am now considering the Small Claims Court. They are a large company and it is a rather daunting prospect. Any views would be welcome.

Fosterdog

Before taking them to court you have to prove the fault is inherent and not down to user damage or normal wear and tear. You will need to get an independent report for this, once you have that, and if it agrees that it is inherent, you have to give them a chance to rectify the problem.

If they still refuse then you send a letter before action giving a reasonable timescale to sort it out, then you can apply to court.

You will have to pay upfront for the report. If it sides with you then CW will also have to reimburse you for the cost of the report (and can be added to the claim). If the report shows user damage or normal wear and tear then CW don't have to do anything for you and they don't have to give you the cost of the report back.

pmduk

You might want to read this article. It's by a Trading standards officer who took them to the Small Claims court, albeit in slightly different circumstances.

Fosterdog

pmduk wrote: »

You might want to read this article. It's by a Trading standards officer who took them to the Small Claims court, albeit in slightly different circumstances.

That's not exactly the best article to base anything on. They offered a repair which they were completely entitled to do but the guy chose to pursue a claim anyway because he wanted a replacement or refund. CW did nothing at all wrong in that scenario, they never accused them of damaging the phone or refused to help.